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Home My WebLink About04-18-2016 AGENDA MODIFICATION (PDF ONLY) (2) TO: Members of the City Council Mayor Backus Department Directors FROM: Danielle Daskam, City Clerk SUBJECT: Agenda Modification DATE: April 15, 2016 The April 18, 2016, City Council meeting agenda is modified to add the following item: II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS A. National Day of Prayer Mayor Backus to proclaim May 5, 2016 as "National Day of Prayer" in the City of Auburn. B. Stand Against Racism Day Proclamation Mayor Backus to proclaim April 29, 2016 as "Stand Against Racism Day" in the City of Auburn. C. International Earth Day Proclamation Mayor Backus to proclaim April 22, 2016 as "International Earth Day" in the City of Auburn. III APPOINTMENTS A. Appointments to the Auburn Transportation Advisory Board (TAB) Members appointed to a one year term to expire December 31, 2017: Position: Name: Citizen at Large Andrew Serr High School Student Tyler Cushing Auburn Downtown Association Barb Atrops Senior Citizen Pamela Gunderson Transit User Naima Rushiddin Agenda Modification April 18, 2016 Page 2 Members appointed to a two year term to expire December 31, 2018: Position: Name: Citizen at Large Steve Carstens Bicycling Community Roger Gillette Local Business Michael Harbin, Jr. Green River College Ronald Riley Americans with Disabilities (ADA) Jeanette Miller Members appointed to a three year term to expire December 31, 2019: Position: Name: Chamber of Commerce Jim Wilson Citizen at Large Katie Chalmers Auburn School District Dennis Grad Muckleshoot Indian Tribe Dezarae Hayes Local Business Dennis Moore XI RESOLUTIONS E. Resolution No. 5230 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a waiver of the right to an appraisal and compensation from the Bonneville Power Administration for the granting of an easement to the administration AGENDA BILL APPROVAL FORM Agenda Subject: Waiver of the City right to an appraisal of and compensation for grant of an easement to the BPA. Date: 3/1/2016 Department: Legal Attachments: Draft Resolution & aerial photograph Budget Impact: Administrative Recommendation: Background Summary: In connection with the King County Flood Control District’s Reddington Levee Project, the River Mobile Estates mobile home park lost approximately 16 spaces for its residents in 2013. The City owns 26.5 acres just south of the mobile home park (the former “Crista Ministries parcel”) and agreed to sell a part of this property to the park for replacement of the lost spaces. A Bonneville Power Administration access easement, dating back to 1959 , crossed over the conveyed portion of the City’s property. The City granted the easement to the BPA to give the federal agency access to high voltage power line towers. When the City sold the property to River Mobile Estates, it requested the BPA to release the access easement. The Administration agreed but sought a replacement easement over the same City property. The City and BPA identified a portion of the City’s property that would be suitable for a replacement easement. The portion is currently being used by Tacoma Water to access its water utilities. Recently, the BPA approached the City about granting it the replacement easement along the southern portion of the City’s property. In order to expedite the grant, and in response to BPA’s easement release, the BPA is requesting that the City waive its right to an appraisal of the value of the easement and to compensation for the grant. The BPA estimates that the difference in market value between the released easement and the proposed new easement is $200. The new and old easement locations are shown on the attached photo. The new location would coincide with a Tacoma Water easement and Tacoma Water is currently working with BPA to coordinate use of the easement area, if the City ultimately grants BPA an easement. The former Crista Ministries property is currently undeveloped except for a gravel roadway installed by Tacoma Water. A municipality must receive compensation or an exchange of equal value for any conveyance of an interest in property, including granting an easement. In this case, the BPA’s release of its easement constitutes this other value. The released easement and the new easement are of such similar character and location that an appraisal and monetary compensation is unnecessary. A similar situation arose with PSE when the City transferred property to the King County Flood Control district for the Reddington Levee project. In 2013, the City and PSE exchanged a release of an old easement for the grant of a new easement in a similar location. No compensation was exchanged between the parties due to the mutual benefit derived by them. ---------------------------- Resolution No. (Date) Page 1 of 2 RESOLUTION NO. 5 2 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A WAIVER OF THE RIGHT TO AN APPRAISAL AND COMPENSATION FROM THE BONNEVILLE POWER ADMINISTRATION FOR THE GRANTING OF AN EASEMENT TO THE ADMINISTRATION WHEREAS, the City of Auburn owns a certain piece of real property at 2460 I Street, NE, Auburn, identified as King County Tax Parcel Number 0004000098 and commonly known as the former “Crista Ministries Parcel;” and WHEREAS, in 2014 the City of Auburn sold a portion of the 3460 I Street property to Riverrun Mobile Estates as part of the Reddington Levee Project; and WHEREAS the conveyed property contained a Bonneville Power Administration (BPA) easement that the City granted to the BPA in 1959 to provide BPA access to its utility towers located; and WHEREAS, the BPA released the City from the portion of its easement that was located within the conveyed property, and is now requesting that the City relocate the easement to preserve access to its utility towers; and WHEREAS, the City has identified an area over the same City property that provides equal access to the BPA towers as the former easement provided; and WHEREAS, federal law requires the BPA to either obtain an appraisal of an easement that it is acquiring and provide compensation to the grantor, or obtain a waiver of these rights by the grantor; and ---------------------------- Resolution No. (Date) Page 2 of 2 WHEREAS, the BPA and City agree that there is mutual benefit to the parties in releasing the easements and establishing a replacement easement in a new location and that this mutual benefit is sufficient and adequate consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute a waiver of the City’s right to an appraisal and compensation for the grant of an easement to the BPA over the City’s 3460 I Street property, which waiver shall be in substantial conformity with the waiver attached hereto as Exhibit “1”. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2016. CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney